It is a known fact that electronic communications have become an essential and indispensable tool for any type of operation, both legal and illegal. Communications are used for every type of movements, making calls, sending messages, and so on, from an origin to a destination.
Telecommunication operators are those that provide the infrastructures which manage, direct and store much of this traffic. These telecommunication operators are subject to regulation, among other things, for the use of radio spectrum which is limited, or for the use of resources for telephone numbering which is also limited.
Also, telecommunication operators keep records of the operations the users execute, with the purpose of, and among other things, rating, keeping a record of numbers associated to them, invoicing references, as well as keeping record of any transactional data used in the invoicing to the user. These records are kept for subsequent verifications of rating and/or follow-up of the traffic by the user.
Sometimes, judicial authorities request from telecommunication operators recorded data of the electronic transactions done, since operators are considered as trusted third parties for the purpose of providing these data, as well as any data that can help determine the natural or legal persons who have done the action of interest.
Once the requested data has been located by the judicial authorities, the operator issues a certificate in which the requested transactional data, frequency, destinations, and any other type of information the relevant judicial authority has requested, are explicitly stated.
This methodology, when is requested by any of the parties to a telecommunication operator, and is presented as a proof, has been even recently accepted as a proof by the Supreme Court (ATS 2501/2013, Spain Supreme Court, Civil Division).
Several methods and systems for the creation of contracts online are known in the state of the art, most of them being based on the contracting party sending a link to web environment monitored by a trusted third party, where several types of signatures can be stored, and in which the contracting party accepts the product or service supplier conditions. These methodologies have the disadvantage of not working in a closed web environment, preventing them from working for those not having a web access, require digital signatures or java applications for the signature thereof, which limit their application environment, and generally imply a sudden change of environment for the user, which is not the case of the method described in the present invention.
The invention object of the present application provides a solution for the disadvantages mentioned above, carrying out the whole process by certified e-mail and/or certified SMS sent by a telecommunication operator, resulting in a certified electronic contract between two parties, originated by a telecommunication operator being a trusted third party, including transmission data, transmitted data, attachments, a single record number and data, and other data both from an intermediate and a final state of the transmission.